Revolutionary War Pension and Bounty Land Warrant Application File S. 22740, John Dunning, Mass.

SERVICE
NUMBER
Mass.
Dunning John
S. 22740
CONTENTS

Vermont 9539 John Dunning
Rutland in the State of Vermont He was a pri. Sergt. in the company commanded by Captain Turner Vanfoss of the Regt. commanded by Col. Wolcott in the Mass. Army time for 8 1/2 months
scribed on the Roll of Vermont the rate of 38 Dollars 33 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 25 day of May '33 Benson Vt. and sent Mrs. Kello
Swears to the 4th of March '33 - 76.66 Semiant. allowance ending Sept " - 19.16 $95.82 1/2
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Com. Miller Clerk, Book E. Vol. 3 - Page 60

Admiral as but
6 mo — $ 30.
2 1/2 pri — 8 33
38.33

11.303
BRIEF in the case of  John Dunning  County of  Rutland  in the State of  Vermont  (Act 7th June, 1839.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served. Militia   Years, Months, Days.     In 1777 — 28 Private Col l Warner Reg t Volun l ?   Fall of 1777 — about — 21 do Capt o Doughty Co y Volun l ?   believed in 1778 — 28 do Lieut n Hawkins Co y Volun l ?   1781 — 6 Serg t Capt o William Comins n Volun l ?   immediately after — 10 Private Capt o Sam l Clarke Co y Volun l ?   The above terms — 3 — # 10 Private Col l Willoughby Volun l ?   8 27 1/2  
5. In what battles was he engaged? a severe battle at Johnsonstown
# Volunteered for ten days
6. Where did he reside when he entered the service? Williamstown — Mass s
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? by traditionary evidence — of the death of one a clergyman — & the partial or incidental evidence of one attested — all certified to be credible persons —
8. Are the papers defective as to form or authentication? and if so, in what respect? Correct
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
E. Stephens Examining Clerk.

18303 John Dunning

STATE OF VERMONT, } RUTLAND COUNTY, ss. }
On this 10 th day of August A. D. 1832, personally appeared in open Court before the Judge of the Probate "Court of Fairhaven district now sitting, John Dunning a resident of the County of Rutland and State of Vermont, aged 70. years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.
That he entered the militia service in the war of the revolution in the year 1777. and was attached to Capt. Danforth's company of Militia , Bar d Meacham Lieut. that he then Volunteered , he resided at Williamstown Mass. the company marched to Manchester Vt. & were commanded by Col. Warner , was in actual service on this tour four weeks or more. In the fall of the same year he again volunteered, and entered a company commanded by Lieut. Hawkins , was marched to Stillwater New-York was stationed there about three weeks, that the company was then ordered back to Williamstown to guard some military stores that he was out on this tour about the same time as the last mentioned.
320
That in 1778 as rebels he volunteered under Capt. Williams a Commissary or Assistant Commissary of the American Army & served four weeks or more. and was discharged.
He further testifies that in the year 1781 or the year of Cambridge surrender. He enlisted in the Massachusetts militia , under Capt. Samuel Clarke , for six months was attached to the company commanded by him, Lieut. Holdridge (as a name like this) was in same company Ensign Hollersohn was also in same company. that said company encamped at Barrenborough , and there he was appointed Sergeant in the company and held that office during the term of his enlistment which was six months. we were then marched to Albany , and from thence to Fort Plain on Mohawk River , and thence to Fort Herkimer & was once at Fort Stanwix . and was frequently moving from one fort to the other. that he served out his said term of six months. after the expiration of the six months we immediately heard of the enemy approaching, by the solicitation of Col. Willet who had commanded our Regt. the company to which this applicant belonged volunteered for ten

days more, and on the third after, we met the enemy at Johnstown & had a severe battle, Col. Willet & Major Brawley were in the battle, Brawley was wounded & Capt. Colan also. several of our company were wounded & several killed, the Americans took between sixty & seventy prisoners. The enemy took from us a field piece, that it was soon retaken. that the applicant was one of fourteen who guarded the prisoners to Albany. and there he was discharged. The claimant states he believes he was in actual service not less than nine months, beside several short tours on patrolling parties after Tories, during all the time Frank Day first volunteering his place of residence was in said Williamstown. that he has no documentary evidences but it has been last many years. viz. his Sergeant's warrant. Was born in Norwalk Connecticut, 23 rd Feb y . 1762. I have a transcript of my Father's record of my age in my own Bible I have lived in Benson Vermont about 42 years & for the five last years in Hulsburg Vt. that he always volunteered in the service He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State. John Dunning  The applicant states that Stephen Dunning will testify in relation to his service  Sworn to and subscribed the } day and year aforesaid. }
We Dan Kent a Clergyman residing in the county of Rutland and Simon Goodrich residing in the same place, hereby certify, that we are well acquainted with John Dunning who has subscribed and sworn to the above declaration ; that we believe him to be 70 — years of age ; that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.  Sworn and subscribed the } day and year aforesaid. }  Dan Kent Simon Goodrich
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that Dan Kent who has signed the preceding certificate, is a Clergyman, resident in Rutland County and that Simon Goodrich who has also signed the same, is a resident in the same County. and is a credible person, and that their statement is entitled to credit.
I Selah H. Merrill Clerk of the Court of the county of Rutland do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of John Dunning for a Pension.
In testimony whereof, I have hereunto set my hand and seal of office this 10 th day of August A. D. 1832.
S. H. Merrill
5th term

John Dunning
S. Dunning app.

I Stephen Dunning of Malone county of Franklin New-York of lawful age testify and say I was acquainted with John Dunning of Hubbardston in the county of Rutland Vermont during the war of the Revolution, he then resided in Williamstown Massachusetts. That he is my brother. That during the war of the revolution. That in the year that Cornwallis surrendered, I think in the month of May, said John Dunning volunteered or enlisted in the militia service for six months under Capt. Clark and Col. Willets, Regt. after said enlistment he was called into service and went up the Mohawk river as I believe, he wrote home frequently while in service and I have no doubt but he served out his enlistment. I recollect his volunteering & going out on another term of militia service in the year 1777 and he was out three or four weeks. I also recollect his being out at another time, he went out as an assistant to the Col. Williams a commissary, to get provisions to the Army, at which time he was in service four or five weeks.
And further saith not.
Stephen Dunning
State of Vermont } Benson July 11. 1832. Rutland County ss. } Then the above affidavit was taken & subscribed
Before me
Isaac Griswold Jus. Peace
I certify the above named Stephen Dunning is a credible Witness.
Isaac Griswold Jus. Peace

State of Vermont Rutland County
Robert Phippen, Clerk of the County Court for the County of Rutland do hereby certify that Isaac Griswold is a justice of the peace for said County, duly Commissioned and that the signature to the within Certificate is his hand writing
In testimony whereof I hereunto set my hand and affixed the seal of said Court at Rutland this 8 th day of September, A.D. 1832 R Phippen

Revolution
22740
INVALID.
Rev
File No. 22740
John Dunning Sergt Rev War
Act: June 7 th 82 nd
Index:—Vol. 2 , Page 115
[Arrangement of 1870.]

M c Kellogg Benson yr.

11.303
BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of John Dunning — which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? — no V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? — no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? no XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? not as to fact of service If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation , or of such an age, as to have a personal knowledge of the applicant's service? no XVI. ‡ Are the papers authenticated as the regulations direct? XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.